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Posted by: Tanja Trezise on Nov 7, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Benjamin C. Signer (on appeal) and Robert W. Jones and M. James Pulido (at trial), Franklin, Tennessee, for the appellant, Daniel Vallejo, Jr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Kim R. Helper, District Attorney General; and Tammy Rettig, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The appellant, Daniel Vallejo, Jr., was convicted in the Williamson County Circuit Court of aggravated burglary, a Class C felony; theft of property valued more than $1,000 but less than $10,000, a Class D felony; and two counts of automobile burglary, a Class E felony. After a sentencing hearing, he received an effective nine-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the aggravated burglary conviction; that his statements to police were inadmissible because they were tainted by an illegal search; that his jailhouse statements to his wife were inadmissible because they were protected by marital privilege; and that evidence deemed inadmissible at trial also was inadmissible at sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.